Post-retirement spouses are entitled to family pension benefits, allowing for a change of nomination in pension documents as per relevant rules.

Judgment :

S.K. Mishra, J.

1. The Petitioner, who is a retired employee, has preferred the present Writ Petition challenging the order dated 12.10.2018 as at Annexure-11, vide which his prayer for change of nominee for the purpose of family pension stood rejected on the ground that such a prayer is not permissible under the Pension Rules. A further prayer has been made to direct the Opposite Parties to change the name of the nominee in the Pension Book by entering the name of the Petitioner’s 2^nd wife within a stipulated period.

2. The brief facts, which led to filing of the Writ Petition, are that the Petitioner, who was serving as an Assistant. Engineer (Elect) under the Opposite Parties, retired from his service in the year 2005 and his 1^st wife’s name was entered in his pension book. On 26.05.2009, his 1st wife died while she was under treatment in a hospital.

2.1 Thereafter, the Petitioner re-married on 22.08.2012 to Smt. Kilam Ratnamala before the Marriage Officer, Rayagada vide Registration No.21/12 and a certificate to the said effect was issued by the Marriage Office, Rayagada on 22.08.2012. The Petitioner submitted a representation before the G.M. (HRD), WESCO Ltd., Burla with a prayer to change the nominee on the death of his 1^st wife namely, Baratam Malleswaramma indicating therein that after her death, he re-married to Kilam Ratnamala on 22.08.2012. A request was made vide the said representation to change the nominee by entering the name of his post retiral spouse, hereinafter called ‘2^nd wife’, to receive family pension, enclosing thereto the original affidavit, joint photograph, marriage certificate, death certificate and Form No.5 in original. Despite complying all the requirements, because of inaction of the authority concerned, he again submitted another representation before the General Manager (HRD) WESCO Ltd., Burla (Opposite Party No.2) on 24.07.2015 stating therein that his 2nd wife namely, Smt. Kilam Ratnamala is eligible for family pension in terms of the Govt. Order No.8843 dated 07.03.1994 of the Addl. Secretary to Govt., Bhubaneswar, addressed to A.G., of Odisha, regarding family pension to post retired spouses w.e.f. 01.04.1992. A copy of the said order was also enclosed to the said representation. The Opposite Party No.3, vide letter dated 16.03.2016, forwarded the said representation with enclosures to the Opposite Party No.2 with a request to change the name of the nominee in the pension paper of the Petitioner by entering the name of Petitioner’s 2nd wife, i.e., Smt. Bartam Ratnamala. It has further been stated in the Writ Petition that the 2^nd wife of the Petitioner changed her name by swearing an affidavit and publishing the same on 28.07.2016 in an oriya daily newspaper namely, “The Anupam Bharat” regarding change of her surname from Smt. Kilam Ratnamala to Smt. Bartam Ratnamala. After change of her surname, the Petitioner again submitted a representation before the Opposite Party No.2 on 28.07.2016 with a prayer to change the name of the nominee and to enter his 2^nd wife’s name in place of his deceased 1^st wife’s name, enclosing thereto an affidavit dated 25.07.2016 sworn by his 2^nd wife so also the newspaper publication dated 28.07.2016. In response to such submission, the Opposite Party No.2 issued a letter on 02.11.2016 to the Opposite Party No.3 stating therein that the Petitioner is to clarify whether Smt. Kilam Ratnamala was a relative of the Petitioner prior to such marriage between them, with a request to communicate the said letter to the Petitioner. On receiving said communication, the Petiti